15.2-2291 - Assisted living facilities and group homes of eight or fewer single-family residence. - Virginia Statutes

§ 15.2-2291. Assisted living facilities and group homes of eight or fewersingle-family residence.

A. Zoning ordinances for all purposes shall consider a residential facilityin which no more than eight individuals with mental illness, mentalretardation, or developmental disabilities reside, with one or more residentcounselors or other staff persons, as residential occupancy by a singlefamily. For the purposes of this subsection, mental illness and developmentaldisability shall not include current illegal use of or addiction to acontrolled substance as defined in § 54.1-3401. No conditions morerestrictive than those imposed on residences occupied by persons related byblood, marriage, or adoption shall be imposed on such facility. For purposesof this subsection, "residential facility" means any group home or otherresidential facility for which the Department of Behavioral Health andDevelopmental Services is the licensing authority pursuant to this Code.

B. Zoning ordinances for all purposes shall consider a residential facilityin which no more than eight aged, infirm or disabled persons reside, with oneor more resident counselors or other staff persons, as residential occupancyby a single family. No conditions more restrictive than those imposed onresidences occupied by persons related by blood, marriage, or adoption shallbe imposed on such facility. For purposes of this subsection, "residentialfacility" means any assisted living facility or residential facility inwhich aged, infirm or disabled persons reside with one or more residentcounselors or other staff persons and for which the Department of SocialServices is the licensing authority pursuant to this Code.

(1990, c. 814, § 15.1-486.3; 1993, c. 373; 1997, c. 587; 1998, c. 585; 2007,c. 813; 2008, c. 601; 2009, cc. 813, 840; 2010, cc. 796, 847.)